Current through the 2024 Fourth Special Session
Section 26B-1-503 - Fatality review committee for a qualified individual who was not a resident of the Utah State Hospital or the Utah State Developmental Center(1) Except for a fatality review committee described in Section 26B-1-504, the fatality review coordinator shall organize a fatality review committee for each formal review.(2) Except as provided in Subsection (5), a committee described in Subsection (1): (a) shall include the following members: (i) the department's fatality review coordinator, who shall designate a member of the committee to serve as chair of the committee;(ii) a member of the board, if there is a board, of the relevant division or office;(iii) the attorney general or the attorney general's designee;(iv)(A) a member of the management staff of the relevant division or office; or(B) a person who is a supervisor, or a higher level position, from a region that did not have jurisdiction over the qualified individual; and(v) a member of the department's risk management services; and(b) may include the following members: (i) a health care professional;(ii) a law enforcement officer; or(iii) a representative of the Office of Public Guardian.(3) If a death that is subject to formal review involves a qualified individual described in Subsection 26B-1-501(7)(c), (d), or (h), the committee may also include: (a) a health care professional;(b) a law enforcement officer;(c) the director of the Office of Guardian ad Litem;(d) an employee of the division who may be able to provide information or expertise that would be helpful to the formal review; or(e) a professional whose knowledge or expertise may significantly contribute to the formal review.(4) A committee described in Subsection (1) may also include a person whose knowledge or expertise may significantly contribute to the formal review.(5) A committee described in this section may not include an individual who was involved in, or who supervises a person who was involved in, the near fatality or the death.(6) Each member of a committee described in this section who is not an employee of the department shall sign a form, created by the department, indicating that the member agrees to: (a) keep all information relating to the formal review confidential; and(b) not release any information relating to a formal review, unless required or permitted by law to release the information.Renumbered from § 62A-16-202 and amended by Chapter 305, 2023 General Session ,§ 91, eff. 5/3/2023.Amended by Chapter 231, 2021 General Session ,§ 11, eff. 5/5/2021.Enacted by Chapter 239, 2010 General Session.